usmo
01-06 07:53 PM
I had worked for company A with H1 B status and company A had decided to downside their facility in CA. I had to look for different employer because I wanted to remain in CA. I had found company B after few months of search and had applied for H1 transfer. I am currently working for company B with a pending status. I had been asked from USCIS after filing for H1-b transfer to prove last employment and provide proofs for last three months pay records which I don't have in hand. I still have good relationship with former employer A. My H1-b from company A hasn't been removed eventhough I haven't worked for them for last few months. Is there any way to answer USCIS requirement.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
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jk999
11-30 01:17 AM
A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
LostInGCProcess
09-11 03:31 PM
Google "Cronin Memorandum" and you will get lot of information with regards to H1 and AP.
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desanar
04-04 06:17 PM
If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.
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rhoh
08-13 06:20 PM
It will be 30 days prior to the start date mentioned in I-20.
franklin
04-05 11:49 AM
No problem Pappu
Guys - this is a reminder. I have had exactly ZERO responses to this conference call asking for the call info so far. :confused:
Guys - this is a reminder. I have had exactly ZERO responses to this conference call asking for the call info so far. :confused:
more...
kshitijnt
06-03 07:22 PM
No it is normal. I also got AP same day, mine was going to expire 28-Aug. Same validity - 20 -may.
But I dont care, because for me only expense is photographs and mail charges. I filed under new fee structure.
But I dont care, because for me only expense is photographs and mail charges. I filed under new fee structure.
2010 Vogue US July 2011 Cover: Emma
Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
more...
Sooner2
04-10 12:09 PM
Yes, if it's the same company - I think your employer just needs to file an amendment. I would suggest you consult with your employer's lawyer to see if an amended petition is even required in your case.
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GC08
05-26 06:30 AM
With so many proposals and so many amendments to the so many proposals (:rolleyes: ), which one would actually (or at least help to) eliminate the current backlogs (i.e., make the priority date current)? :confused:
We should make sure that any bill that potentially becomes a law will resolve the current retrogression issue (instead of making it worse).
So before we decide the bill to support, can anyone tell which bill will eliminate retrogression? Maybe we can categorize all the bills into the following types:
1. Will definitely eliminate retrogression if the bill becomes law
2. May eliminate retrogression or may make it worse if the bill becomes law
3. Will definitely make retrogression worse if the bill becomes law
4. Will have no impact on retrogression if the bill becomes law
:D
We should make sure that any bill that potentially becomes a law will resolve the current retrogression issue (instead of making it worse).
So before we decide the bill to support, can anyone tell which bill will eliminate retrogression? Maybe we can categorize all the bills into the following types:
1. Will definitely eliminate retrogression if the bill becomes law
2. May eliminate retrogression or may make it worse if the bill becomes law
3. Will definitely make retrogression worse if the bill becomes law
4. Will have no impact on retrogression if the bill becomes law
:D
more...
roseball
12-27 06:24 PM
Hi sbmallik ,
Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?
I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!
All experience letters should indicate the last date of your employment as 5/15.
Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?
I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!
All experience letters should indicate the last date of your employment as 5/15.
hot Emma Watson / Vogue
Blog Feeds
08-02 07:20 PM
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR (http://www.slideshare.net/usvisalaw/undated-internal-uscis-draft-memorandum-discusses-administrative-alternatives-to-cir)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).
Shortly after the memo leaked to the public the Immigration service had this to say:
�Internal draft memos do not and should not be equated with official action or policy of the Department. We will not comment on notional, pre-decisional memos. As a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges. Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected. Our goal is to implement policies wisely and well to strengthen all aspects of our mission. The choices we have made so far have strengthened both the enforcement and services sides of USCIS � nobody should mistake deliberation and exchange of ideas for final decisions. To be clear, DHS will not grant deferred action or humanitarian parole to the nation�s entire illegal immigrant population.�
What can we learn from all this? Comprehensive immigration reform may not happen in the near future, but some sort of a step by step change is likely to occur sooner than later. Even USCIS is eager for this to happen, expect more "leaks" coming up.
More... (http://www.visalawyerblog.com/2010/08/hoe_does_uscis_see_a_possible.html)
more...
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pappu
01-15 09:57 PM
bumping
Thanks Anurakt. I will try to join in.
Thanks Anurakt. I will try to join in.
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anilsal
10-16 06:17 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
I am sure you have not updated your profile. Ha Ha!!!
800k will make majority jumping and fighting.
what is real number again??
I am sure you have not updated your profile. Ha Ha!!!
more...
pictures Emma Watson by Mario Testino,
permfiling
08-14 12:07 PM
I have my old employer visa and I-94 valid till mid next year. My new employer had filed a H1 extension with CSC which was denied but I got a H1 approval notice without I-94 stub. I was told by my attorney to go to canada and get a new I-94 card as I have a visa stamped which expires july of 2011. Being in west coast, I was planning to go to vancouver. Any one been through this, please post your experiences.
Thanks
Thanks
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go_guy123
01-26 10:51 AM
01/25/2011
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
Talks of nothing about GC wait etc. Utterly useless article.
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
Talks of nothing about GC wait etc. Utterly useless article.
more...
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miffyflorence
04-03 05:23 PM
Hello all, I am so impressed to see so many supports for the immigration bill. We all wish ourselves luck. :)
I have few questions regarding the H1B visa renewal. I hope someone who can kindly answer them.
Background - I got my H1B visa in about 2003, and I got married in Oct 2005. However, I am not able to claim my husband for the H4 visa. He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Thanks for all the great help. Let's hope each of us good luck on the petition.
I have few questions regarding the H1B visa renewal. I hope someone who can kindly answer them.
Background - I got my H1B visa in about 2003, and I got married in Oct 2005. However, I am not able to claim my husband for the H4 visa. He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Thanks for all the great help. Let's hope each of us good luck on the petition.
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leonimish
04-26 08:45 PM
Hi,
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
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hpandey
06-27 11:57 AM
One will get a H1-B without I-94 if the person is outside of USA.
so basically you need to go for stamping to the local consulate for the visa.
If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.
Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.
so basically you need to go for stamping to the local consulate for the visa.
If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.
Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.
dohko
01-07 10:57 AM
Hi
I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
I have some experience from before I got my BS and my MBA can that be used?
Thanks
I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
I have some experience from before I got my BS and my MBA can that be used?
Thanks
rsayed
01-29 04:14 PM
I was in a similar situation back in 2000. The difference (in my case) was I entered 2 weeks later than the date mentioned on my I-20.
I took the chance and applied for re-instatement - at that time, I think it cost me $175.
I got my application approved in 28 days...!
Good Luck 'n don't be skeptical. Just apply to be re-instated and you will be fine!!!
~R
I took the chance and applied for re-instatement - at that time, I think it cost me $175.
I got my application approved in 28 days...!
Good Luck 'n don't be skeptical. Just apply to be re-instated and you will be fine!!!
~R
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